The lawsuit against the Jefferson County Health Department filed by two parents who believe their children were denied access to free education because of COVID-19 orders and guidance has been dismissed.
Health Department Director Kelley Vollmar said she was relieved the suit was dismissed.
“The case did not have strong legal precedent, and to have gone through this extended process and spent money defending ourselves for trying to protect children and our recommendations, it has been frustrating,” she said. “This was an unnecessary case and an unnecessary expense for the taxpayers.”
A motion hearing had been scheduled for Sept. 9, but the case was voluntarily dismissed without prejudice the day before, on Sept. 8.
“We were ready to argue the legal insufficiency of the case (on Sept. 9) at court,” Vollmar said. “They chose to dismiss, and it was just unfortunate that it was dragged out this long.”
In October 2021, attorney and state Rep. Mary Elizabeth Coleman filed the lawsuit against the Health Department on behalf of two parents, Shannon Otto and Lori Bourgeois, who say their children were kept out of school because of quarantine orders or face mask recommendations the Health Department has issued.
In November 2021, Jefferson County Div. 5 Circuit Judge Victor Melenbrink issued a temporary restraining order in the case, and as a result, the Health Department had to send clarification to all schools that quarantine procedures and protocols were guidelines, not orders, and that they should stop using a particular quarantine form.
“We had a preliminary injunction that was granted and in the interim, my clients felt that the Health Department had by and large complied with the requirements of the law, as they changed their bylaws and made some other changes,” Mary Elizabeth Coleman said.
Health Department board attorney Christi Coleman said the case was dismissed without prejudice, which means the plaintiffs could refile the suit over the next year.
“I would have rather seen the case dismissed on the merits, but I am glad the board is able to get a dismissal on the case,” she said.
Mary Elizabeth Coleman said her clients want to make sure the Health Department continues to comply with the law, which is why the case was dismissed without prejudice.
“They complied voluntarily with what we were asking, and we want to make sure that if they choose to no longer comply with the law, that we have the ability to bring those claims again,” she said.
Christi Coleman said since the case has been dismissed, the board will mean no more legal fees will have to spent on the case.
She said board member Suzy Davis has complained about the Health Department’s legal fees.
"One of the issues one of our board members has been bringing to light was the legal fees. When you are a defendant you don't have control over the ligation,” Christi Coleman said.
Vollmar said the Health Department has spent $33,602 in legal fees as a result of the case.
She said that money could have been better used to help people who needed medical services.
“It is a $25 flat fee for physicals or sick or well visits on the (wellness) van for the uninsured, so 1,320 residents could have received those services,” she said. “It is $75 for an uninsured child dental visit, so 448 kids could have received dental services. Our residents could have benefited so much more from the use of those funds.”
Mary Elizabeth Coleman said her clients still believe the Health Department has violated the Sunshine Law, especially holding board meetings at times that are not convenient for the public.
“They are evaluating whether they want to bring a lawsuit for the ongoing Sunshine Law concerns,” she said.
The Health Department Board of Trustees previously held meetings at 3 p.m. on the fourth Thursday of every month, but the board recently agreed to start meetings an hour later, at 4 p.m.
